Can a legally married couple be denied visa for a fraudulent marriage? 13 Answers as of January 18, 2012

Once the government has made a finding of a fraudulent marriage the burden shifts to you to overcome this. I suggest you retain an attorney to help you through the process.

Yes, if you did not prove to the satisfaction of the consular officer that your marriage is bona fide, a visa can be denied.

Immigration has the power to do so, and you two has the burden to prove that the marriage was entered in good faith. You need to contact an attorney as soon as possible in case that you have any deadlines for appeals.

A visa can be denied if USCIS or the U.S. Embassy believes a marriage is not bona fide. You have to remember it is your burden to prove your marriage is bona fide. Demonstrating a marriage is bona fide requires not only showing the marriage was legal where entered, but also that the marriage was for the purpose of building a life together. Unfortunately, if you were unable to demonstrate the marriage was bona fide then the visa could be denied. You should act quickly on the denial there are only a limited number of dv lottery visas available and once they are used, you will be ineligible and have to wait for the next opportunity to immigrate. It is also important that you challenge these findings as the basis of the denial will remain in your immigration file and likely be an issue for future filings.

It is unclear if CIS denied the application because of your current marriage or her previous marriage. I suggest you consult with an immigration lawyer for advise.

You should challenge that decision legally if your marriage is legit.

This questions lacks certain facts. Normally, if the government believes the marraige is fraudulent, you are given an opportunity to respond. In addition, when you are denied because of a fraudulent marriage, it is followed with an explanation.

Appeal or file a motion to reconsider if you believe the denial is erroneous.

You have the burden of proving the validity of your marriage. If you have good evidence of the bona fides of your marriage, and USCIS still denied the petition, you should seek the services of a skilled immigration law attorney to help you appeal the decision.

Yes. You have the burden of proof to show that it is a bona fide marriage.